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HomeCivil CodeDiv. 4Pt. 5Ch. 4Art. 4§ 4600 Common Area Exclusive Use

§ 4600 Common Area Exclusive Use

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4600 Common Area Exclusive Use

Key Takeaways

  • •If someone in a shared community (like a condo or apartment complex) wants special use of a common area (like a parking spot or garden), at least 67% of the owners must agree unless the rules say otherwise.
  • •Some special cases don’t need a vote, like fixing mistakes in building plans, helping someone with a disability, or adding things like electric car chargers or solar panels.
  • •If there’s a vote, everyone must be told if the community gets paid for the special use and who pays for insurance.

Example

A person in a condo building wants to turn a shared courtyard into their private garden.

The board can’t just say yes—they need at least 67% of all condo owners to vote and agree to it. If the vote happens, they must also tell everyone if the community gets money for this and who will pay for insurance.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4600 Common Area Exclusive Use

(a) Unless the governing documents specify a different percentage, the affirmative vote of members owning at least 67 percent of the separate interests in the common interest development shall be required before the board may grant exclusive use of any portion of the common area to a member. (b) Subdivision (a) does not apply to the following actions: (1) A reconveyance of all or any portion of that common area to the subdivider to enable the continuation of development that is in substantial conformance with a detailed plan of phased development submitted to the Real Estate Commissioner with the application for a public report. (2) Any grant of exclusive use that is in substantial conformance with a detailed plan of phased development submitted to the Real Estate Commissioner with the application for a public report or in accordance with the governing documents approved by the Real Estate Commissioner. (3) Any grant of exclusive use that is for any of the following reasons: (A) To eliminate or correct engineering errors in documents recorded with the county recorder or on file with a public agency or utility company. (B) To eliminate or correct encroachments due to errors in construction of any improvements. (C) To permit changes in the plan of development submitted to the Real Estate Commissioner in circumstances where the changes are the result of topography, obstruction, hardship, aesthetic considerations, or environmental conditions. (D) To fulfill the requirement of a public agency. (E) To transfer the burden of management and maintenance of any common area that is generally inaccessible and not of general use to the membership at large of the association. (F) To accommodate a disability. (G) To assign a parking space, storage unit, or other amenity, that is designated in the declaration for assignment, but is not assigned by the declaration to a specific separate interest. (H) To install and use an electric vehicle charging station in an owner’s garage or a designated parking space that meets the requirements of Section 4745, where the installation or use of the charging station requires reasonable access through, or across, the common area for utility lines or meters. (I) To install and use an electric vehicle charging station through a license granted by an association under Section 4745. (J) To install and use a solar energy system on the common area roof of a residence that meets the requirements of Sections 714, 714.1, and, if applicable, Section 4746. (K) To comply with governing law. (c) Any measure placed before the members requesting that the board grant exclusive use of any portion of the common area shall specify whether the association will receive any monetary consideration for the grant and whether the association or the transferee will be responsible for providing any insurance coverage for exclusive use of the common area. (Amended by Stats. 2017, Ch. 818, Sec. 2. (AB 634) Effective January 1, 2018.)

Last verified: January 21, 2026

Key Terms

exclusive usecommon areaaffirmative voteelectric vehicle charging stationsolar energy system

Related Statutes

  • § 4610 Condominium Project Partition Rules
  • § 4620 Lien Notice To Members
  • § 1213 Recorded Property Conveyance Notice
  • § 1214 Recording Priority For Property
  • § 1215 Real Property Conveyance Definition

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 4600.
View Official Source